In an action for a judgment declaring that, for the years 1949-1950 and 1950-1951, defendants are required to reduce the amounts of their assessments of plaintiff’s property (for school tax purposes) to the amounts of the corrected and reduced county assessments, or in the alternative, to declare defendants’ said assessments void, and for other relief, the defendants appeal from an order of the Supreme Court, Nassau County, dated October 27, 1960, denying their motion to dismiss the further amended and supplemental complaint on the ground that it does not state facts sufficient to constitute a cause of action. Order reversed, with $10 costs and disbursements, and motion granted. A previous amended and supplemental complaint was dismissed as not stating a cause of action, but with leave to serve a further complaint (Long Is. R.R. Co. v. City School Dist. of City of Long Beach, 4 Misc 2d 243). The ground for that decision was that under the applicable statute (Education Law, § 3503, repealed by Real Property Tax Law, § 1614 [L. 1958, eh. 959]), the giving of written notice of the claim for reduction of assessments to the Board of Education before the tax list was made out, was essential to entitle the claimant to a reduction; and that there was no allegation that such notice had been given. The instant complaint differs from the prior one only in that it contains an additional paragraph (No. 52). It is alleged in such paragraph that it had not been the practice of any of the defend
